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Abbey Defaults - help please!


laylaglantz
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Hi

 

Just go the the FAQ's and Step by Step Guide on here and everything you need will guide you through the process. What Abbey are saying is the standard stuff all the banks say

 

Best of luck though

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Peter Anderson

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Did you include default removal as part of your claim? If so, have you continued with your claim or sent a notice of discontinuance with the court?

 

Generally if you do not make removal of default conditional upon acceptance then there is little more you can do as you accepted the goodwill payment you can no longer litigate on the same issue.

 

However, if the OFT test case finds that the charges are indeed unawful you would then be able to apply to have your default removed on the basis of the Test case.

 

All the best

 

Zoot :)

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laylaglantz, while I can't deny that Zootscoot is right in relation to this claim, I don't believe there's anything stopping you starting another claim regarding Default Removal - I've created a thread in a little advertised sub-forum regarding Defaults, here, which should help;

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/111211-defaults-background-removal-methods.html#post1086715

 

If I were you, I'd be requesting an original copy of the Default notice/termination notice under a CCA request - (there's a link in the post above that explains this, so don't worry about the terminology here yet) but they should have already provided it, if it exists, under your original S.A.R. request.

 

I notice that Lula mentions this on your main Abbey thread - can I ask that you keep to one thread, as it's all on one issue, which will make giving the right advice easier and quicker? It would be good of Zootscoot to merge this thread with that one so everyone can follow your progress, rather than having 2 threads with the same info on.

 

But, to answer your concerns in your PM, I don't think the Ombudsman - or the Bank - can dictate whether a Court will take your claim on! It's your case and you can take it to Court if you want to! I think that they are taking about having your Default Removal case stayed pending the outcome of the TC, which seems reasonable - but if the TC goes our way, the Default is sure to be removed as a result. If it doesn't, you can always challenge it in other ways. (Again, discussed on the link above)

 

Post back once you've digested that and we'll see where we can take this. I wouldn't be planning on getting the Default removed quickly, though - these things tend to be long and draw out! I won my charges claim against Barclays in Court, with their solicitor present, without them even offering a Defence - and I now have a struggle to remove the Default they dished out! Note to any new claimants: include Default removal as being unconditional on settling, or face a longer battle to get it removed! (It might be worth including this in the step-by-step instructions, mods?)

 

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